HomeMy WebLinkAbout08-03-2023 HEX Revised Home Depot Prehearing Order
PRE-HEARING ORDER
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THE HEARING EXAMINER OF THE CITY OF RENTON
IN RE:
The Home Depot
Deferral of Street Improvements:
Outlot 1 and 2
(Talbot Rd. S.)
DEF23001823 AND DEF23001824
FIRST REVISED PRE-HEARING
ORDER
A. Document Distribution. All documents required by this Order shall be
emailed or mailed to the parties at the addresses below. All documents must be
received by the due dates set by this order. For mailed documents, documents shall be
deemed received three business days after mailing.
Hearing Examiner’s Office
Cynthia Moya
Renton City Clerk
1055 Grady Way
Renton, WA 98057
CMoya@rentonwa.gov
olbrechtslaw@gmail.com
PRE-HEARING ORDER
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Appellant
Home Depot
City of Renton
Maren Calvert
1420 Fifth Ave, Suite 3400
Seattle, WA 98101
MCalvert@schwabe.com
Patrice Kent
1055 Grady Way
Renton, WA 98057
PKent@rentonwa.gov
B. Hearing Dates. A virtual hearing on the appeal will be held on October
24, 2023 at 9:00 am.
C. Exhibit and Witness Lists. The parties are required to exchange witness
and exhibit lists per the schedule below. Witness lists should include a summary of the
testimony to be provided by each witness along with a general estimate on the length of
the testimony. The time estimates are just for scheduling purposes. Witnesses will not
be bound to the estimates. The exhibit lists shall list any documents, recordings, videos
or photographs that the parties intend on presenting at the appeal hearing. No exhibits
or witness testimony beyond those identified in the witness and exhibit lists will be
admitted unless necessary for reasonably unanticipated rebuttal or for other good cause.
Exhibits must be exchanged prior to and/or contemporaneously with the exhibit
lists and may be distributed by email.
D. Hearing Format. The hearing format shall be as required in RMC 4-8-
110E1.
E. Cross-Examination. All witnesses who present live testimony will be
subject to cross-examination. Declarations and other documents that would qualify as
testimony are admissible without a right of cross-examination unless a right to cross-
examine is asserted by email to all hearing parties within three calendar days of when
the document is disclosed in the witness and exhibit lists.
PRE-HEARING ORDER
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F. Supplemental Motion to Dismiss. The Supplemental Motion to Dismiss
in the schedule below is to give an opportunity for the City to respond to information
provided by the Examiner by email dated July 28, 2023.
G. Stay/Consolidation. Home Depot’s motion for a stay dated July 18,
2023 is denied, except for Home Depot’s underground power line issues. The
underground issues are stayed pending Home Depot’s filing of a modification request as
contemplated in Condition No. 34 of the Final Decision of the Home Depot Examiner
site plan approval, PR22-000065. Since Home Depot is open and running at its Renton
location, the City has a valid public interest in having its street frontage issues resolved
in a timely manner. Home Depot has assured that it will be filing for a modification to
address the City’s power line undergrounding requirements. Consequently, the issue of
whether Home Depot must underground the power lines and the amount of security for
the associated deferral is assigned to the modification request review and appeal
process. If and when Home Deport files an appeal to the modification request, upon the
election of Home Depot the appeal hearing of the modification request will be
consolidated with the appeal hearing of the deferral appeals to the extent the appeals can
be consolidated in an efficient and equitable manner. If Home Depot does not file the
modification request identified supra prior to September 1, 2023, its underground power
line issues will be regarded as waived and dismissed.
H. Schedule. The following schedule applies:
8/4/23 Supplemented City Motion to Dismiss
8/11/23 Response to City Motion to Dismiss
8/18/23 Reply to Motion to Dismiss
9/8/23 Other prehearing motions
9/15/23 Response to other prehearing motions
9/20/23 Replies to other prehearing motions
10/13/23 Witness and Exhibit Lists due, along with exchange of exhibits.
10/18/23 Rebuttal Witness/Exhibit List along with rebuttal exhibits
10/24/23 Virtual Appeal hearing, 9 am.
.
DATED this 3rd day of July, 2023.
___________________________
City of Renton Hearing Examiner